http://legalcorner.atoneplace.com Free Legal Discussion from atOnePlace.com Legal Experts on Indian Real Estate, Taxation, Repatriation, NRI Issues, Mortgage for Indian Properties Mon, 28 Nov 2011 08:44:27 +0000 en hourly 1 http://wordpress.org/?v=3.0.1 http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/what-all-documents-one-needs-to-collect-from-the-builder-in-order-to-register-the-newly-built-society/?utm_source=rss&utm_medium=rss&utm_campaign=what-all-documents-one-needs-to-collect-from-the-builder-in-order-to-register-the-newly-built-society http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/what-all-documents-one-needs-to-collect-from-the-builder-in-order-to-register-the-newly-built-society/#comments Mon, 28 Nov 2011 08:44:27 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1383 Question asked by Mr. R.R. Saiva from India:
Sir/Madam, we have recently got our society registered for which we have to submit some documents out which few documents have to be collected from the builder. Kindly advise as to what all documents we need to collect from the builder.
Thanks
R.R. Saiva
Veena Answers:
We will able to respond to this query provided you furnish information regarding the nature of the building, whether the same is residential or commercial or comprises of villas. We would also need the location of the property to submit our views on this query.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/what-all-documents-one-needs-to-collect-from-the-builder-in-order-to-register-the-newly-built-society/feed/ 0 http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/in-case-if-a-flat-is-registered-in-the-name-of-three-people-then-in-whose-name-the-share-certificate-will-be-issued/?utm_source=rss&utm_medium=rss&utm_campaign=in-case-if-a-flat-is-registered-in-the-name-of-three-people-then-in-whose-name-the-share-certificate-will-be-issued http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/in-case-if-a-flat-is-registered-in-the-name-of-three-people-then-in-whose-name-the-share-certificate-will-be-issued/#comments Mon, 28 Nov 2011 07:28:53 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1381 Question asked by Mr. Anand Gupta from India:
. Sir/Madam, my question is that if a flat is registered in the name of husband, wife and father-in-law, then in whose name the share certificates will be issued. And in case if husband and wife want to exclude the name of father-in-law from the share certificates then what procedure should be followed.
Thanks
Anand Gupta
Veena Answers:
We are of the view that all the three names should appear in the share certificate. In the event, the name of father in law has to be removed; the same is possible only upon the father in law issuing consent for such removal.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/in-case-if-a-flat-is-registered-in-the-name-of-three-people-then-in-whose-name-the-share-certificate-will-be-issued/feed/ 0 http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/does-one-needs-to-register-the-gift-deed-at-the-indian-court-and-then-transfer-the-property-to-another-persons-name/?utm_source=rss&utm_medium=rss&utm_campaign=does-one-needs-to-register-the-gift-deed-at-the-indian-court-and-then-transfer-the-property-to-another-persons-name http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/does-one-needs-to-register-the-gift-deed-at-the-indian-court-and-then-transfer-the-property-to-another-persons-name/#comments Mon, 28 Nov 2011 06:41:16 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1379 Question asked by Mr. Vijay from USA:
My daughter and I are both US citizens applying for PIO and live in USA. I want to gift a flat situated in Gurgaon, India to her. Do I need to go to Indian consulate for advice? Or as US nationals we follow the rule of law as in USA. What happens in India, do I get the registry of the gift done at the Indian court and transfer the property to her name.
Kindly guide me regarding the procedure.
Thanks
Vijay
Veena Answers:
We are of the view that a non resident indian or a foreign national but who has acquired the status of being a person of indian origin can gift residential / commercial property to the following persons:
(i) Person resident in India or
(ii) an NRI or
(iii) PIO.
In your case, the gift deed can be executed only upon you and your daughter acquiring the PIO status. However, a foreign national of non-Indian origin is required to obtain the prior approval of the Reserve Bank for gifting the residential / commercial property.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/does-one-needs-to-register-the-gift-deed-at-the-indian-court-and-then-transfer-the-property-to-another-persons-name/feed/ 0 http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/is-it-necessary-for-nris-to-arrange-a-power-of-attorney-in-order-to-appoint-a-representative-for-registering-a-property-in-india-on-his-behalf/?utm_source=rss&utm_medium=rss&utm_campaign=is-it-necessary-for-nris-to-arrange-a-power-of-attorney-in-order-to-appoint-a-representative-for-registering-a-property-in-india-on-his-behalf http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/is-it-necessary-for-nris-to-arrange-a-power-of-attorney-in-order-to-appoint-a-representative-for-registering-a-property-in-india-on-his-behalf/#comments Mon, 28 Nov 2011 06:28:59 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1377 Question asked by Mr. Giridhar:
Hi, I am planning to register a property on my name (NRI) by paying from my NRE account. My brother-in-law is there to represent me. In you first response, in the documents required to register property in India, you mentioned “general power of attorney if applicable”. Am I right in understanding that if we enclose form 32A OF REGISTRATION ACT, 1908, to appoint my brother-in-law as my representative; I don’t need to arrange POA. Could you elaborate on this please?
Thanks
Giridhar
Veena Answers:
We are of the view that it is better to execute a power of attorney authorizing your brother in law to sign the documents on your behalf.
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Hello Sir/Madam, can I sell my gifted property to anyone without offering it to my brother first?
Please reply as it will be highly appreciated.
Thanks
Dheeraj
Veena Answers:
We are of the view that if you have acquired the property through a gift deed, the same becomes your self acquired property and you are at liberty to sell the same to any third party. There is no requirement that you should offer the same to your brother first.
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]]> http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/can-one-sell-his-gifted-property-to-anyone-without-offering-it-to-his-brother-first/feed/ 0 http://legalcorner.atoneplace.com/mortgage-related-questions-issues/bank-financial-institution-that-services-savings-and-checking-accounts-provides-loans-and-deals-with-negotiable-instruments/what-percentage-is-the-stamp-duty-payable-for-the-mortgage-loan-in-the-bank/?utm_source=rss&utm_medium=rss&utm_campaign=what-percentage-is-the-stamp-duty-payable-for-the-mortgage-loan-in-the-bank http://legalcorner.atoneplace.com/mortgage-related-questions-issues/bank-financial-institution-that-services-savings-and-checking-accounts-provides-loans-and-deals-with-negotiable-instruments/what-percentage-is-the-stamp-duty-payable-for-the-mortgage-loan-in-the-bank/#comments Sat, 05 Nov 2011 07:13:18 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1370 Question asked by Mr. Suresh from India:
What is the percentage of stamp duty that is payable for the mortgage loan in the bank?
Thanks
Suresh
Veena Answers:
This is dependent on the nature of mortgage and differs from state to state.
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]]> http://legalcorner.atoneplace.com/mortgage-related-questions-issues/bank-financial-institution-that-services-savings-and-checking-accounts-provides-loans-and-deals-with-negotiable-instruments/what-percentage-is-the-stamp-duty-payable-for-the-mortgage-loan-in-the-bank/feed/ 0 http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/what-are-the-formalities-for-getting-a-reserve-plot-handover-from-a-land-owner-to-the-local-body/?utm_source=rss&utm_medium=rss&utm_campaign=what-are-the-formalities-for-getting-a-reserve-plot-handover-from-a-land-owner-to-the-local-body http://legalcorner.atoneplace.com/indian-real-estate-related-questions-issues/indian-property-are-the-real-estate-projects-constructed-in-india/what-are-the-formalities-for-getting-a-reserve-plot-handover-from-a-land-owner-to-the-local-body/#comments Sat, 05 Nov 2011 07:09:45 +0000 atoneplace http://legalcorner.atoneplace.com/?p=1368 Question asked by Mr. G.Krishnamoorthi from India:
We are around 50 people who purchased plots (Individual Plots i.e. 3 cents 5.5 cents like) from a Land owner in 1987. The land owner provided a Place for Park & Cps some portion in the total plots. He got it approved from DTP approval in 1987 DTP No 135/87. Based the DTP Plan we have constructed house. The Land owner has not handover the reserve site to the local body called Panchayat. Now the reserve site was occupied by some body. The land owner denied to handover the reserve site with local body. Can we (Plot owners) hand over the reserve site with Panchayat. What are formalities? Kindly let me know the formalities.
Thanks
G.Krishnamoorthi
Veena Answers:
We are of the view that all the plot owners should form an association and demand the land owner to hand over the reserve plot to the local body. In case the land owner fails to adhere to the demand/claim, the Association should initiate legal action against the land owner.
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Do the married daughter have any right over her father or mother property ,if they are present ? Please suggest me.
Thanks
Sunita
Veena Answers:
During the lifetime of the father or mother, the legal heirs do not have any right.
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Dear Mam, my family owns an agricultural land which is in the green belt, can we convert the land for any other use such as residential or commercial. Please advice.
Thanks
Vinay
Veena Answers:
We will be able to respond to this query only upon ascertaining the location of the property because each town has its own comprehensive development plan which normally classifies the zoning of each property situate within its jurisdiction and also determines the permissible usage.
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My mother has 3 younger brothers. My Grand Father expired without writing a will. Grand mother is alive. Now the property which is in my grandfather’s name should be equally shared among all the 5? We are born and brought up as a Christian.
Thanks
Raj
Veena Answers:
We are of the view that the property owned by your grandfather shall devolve firstly upon your grandmother who is entitled to get 1/3rd share and the remaining 2/3rd share devolves upon the other surviving legal heirs.
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